Staff Immigration Team. Visitors. A guide to the immigration rules for visitors. April Staff Immigration Team

Transcription

1 Visitors A guide to the immigration rules for visitors April 2018 Staff Immigration Team

2 Staff Immigration Team James Baker Staff Immigration Team Leader Tel: (2)89908 / james.baker@admin.ox.ac.uk Tim Currie Staff Immigration Officer Tel: (2)89903 / tim.currie@admin.ox.ac.uk Lisa Crook Staff Immigration Officer Tel: (2)89919 / lisa.crook@admin.ox.ac.uk Angelina Pelova Staff Immigration Adviser Tel: (2)89904 / angelina.pelova@admin.ox.ac.uk Humanities / MPLS / Colleges A P Solveig Alsaker Staff Immigration Adviser Tel: (2) / solveig.alsaker@admin.ox.ac.uk Medical Sciences / Social Sciences / Colleges Q W Nina Song Staff Immigration Admin Assistant Tel: (2)89926 / sit-adminstation@admin.ox.ac.uk Website:

3 What we do Advise departments, colleges and applicants on: Tier 2 and Tier 5 process and requirements Right to Work checks Visitor immigration requirements Process Tier 2 and Tier 5 Certificate of Sponsorship applications and hold all data for Tier 2 and Tier 5 visa holders centrally. Manage complex cases and matters of non-compliance with external legal input where necessary. Provide regular training on Tier 1, Tier 2, Tier 5, right to work and visitors. Provide assurance to the Audit and Scrutiny Committee on immigration and right to work compliance. Represent the collegiate University s comments and concerns with immigration policy to the Home Office.

4 Content What is a visitor? Who does/ does not require a Visitor visa? Types of Visitor visa Business visitors Academic visitors Permitted Paid Engagement visitors Visitor restrictions Application process

5 What is a visitor? A person who is a national of a country from outside the EEA who wishes to come to the University to take part in an academic/ business activity which requires the visitor to obtain a visa or immigration stamp. Not general tourists or visitors from within the UK/EEA

6 Who does not require a Visitor visa/stamp? UK nationals Nationals of the following EEA countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland. Those from a country not on the list above but are already in the UK on a visa which permits work (Tier 1, spouse, EEA family permit, indefinite leave to remain etc.) Not sure? Check with SIT

7 Who requires a Visitor visa? Anybody who does not fall in to any category on previous slide All non-eea nationals need to enter the UK under an immigration category appropriate for the visitor activity in which they intend to take part While visitors can now carry out multiple activities, they must make the main purpose of their visit (i.e. visit to the University) known when applying for their visa/ on entry to the UK NB. Tourists from outside the EEA may not take part in any activity within the University other than typical tourist activity (e.g. visiting the museums and public libraries)

8 Types of visitor visa Standard Visitor: General visitor (known as tourist visa) Business visitor Academic visitor Combined as sub-categories of the new Standard Visitor visa category from 24 April 2015 Permitted Paid Engagement Visitor Academic, Business and PPE require formal letter of invitation from department/college Templates available at

9 Standard Visitor- General (tourist) Come in under the Standard Visitor route Issued to those who are visiting the UK to take part in general tourist activities (vacation, visiting friends and family etc.) as the main purpose of their visit Permitted activity within the University: Visiting colleges, museums, libraries etc. which are open to the public Departments and colleges do not need to be concerned/perform any checks on general visitors

10 Standard Visitor Business Come in under the Standard Visitor route Someone employed overseas but who wishes to come to the UK to do business on their own/their employer s behalf. Permitted activity within the University: Attending meetings, interviews or conferences Arranging deals/ negotiate trade agreements / contracts & carrying out fact finding; Conducting site visits; Giving a one-off or short series of talks and speeches provided these are not organised as commercial events and are not making profit for the organiser; Interpreting or translating for visiting business persons, but only if employed by the overseas company & coming solely to provide this service for visiting company member; Board-level Directors attending board meetings in the UK provided they are not employed by a UK company (may receive fee) Sharing knowledge or experience relevant to an international project that is being led from the UK as an overseas scientist or researcher (but not carrying out research). To receive training in specific work practices or techniques required for their employment overseas, but only if this training is not available in their home country; To install, dismantle, repair, service, or advise on equipment, computer software or hardware but only if they are an employee of a foreign manufacturer or supplier;

11 Standard Visitor Business Restrictions and requirements specific to Business visitors: Cannot be paid (although payment of reasonable expenses is permitted) except directors attending board meeting Can only visit UK for up to six months Employment (paid or unpaid) is prohibited Typical uses within the University: Attending a job interview; Attending a conference; A researcher attending a meeting to discuss future research collaborations A presenter giving one/a series of talks or speeches; An expert in a particular field coming to share knowledge/advise on a particular area of expertise in relation to an international project led in the UK. A researcher coming to receive training in a specific technique/ practice not available in their home country An employee of overseas manufacturer/ supplier coming to setup/ service equipment

12 Standard Visitor Academic Come in under the Standard Visitor route A person on leave from an overseas academic institution who wishes to make use of their leave to conduct research, exchange information on research techniques, take part in a formal exchange or act as a senior medical doctor or dentist. Permitted activity: Academics on sabbatical leave from an overseas academic institution to carry out research (e.g. to carry out research for a book); Academics (including doctors) taking part in arranged exchanges. Salary should continue to be paid by overseas institution; Academics coming to share knowledge or experience or to hold informal discussions with academics at Oxford (but not conducting research on University hosted projects); Academics taking part in a single conference or seminar Experienced senior doctors and dentists, (i.e. those considered to be top of their field of expertise) coming to take part in research, teaching or clinical practice.

13 Standard Visitor Academic Restrictions and requirements specific to Academic Visitors: Must have been working at an overseas HEI/ in the field of their expertise immediately prior to applying as an Academic visitor; Should not conduct collaborative research (Tier 5 is required); Cannot be paid (payment of reasonable expenses permitted); Can visit UK for up to six months, or up to twelve months with additional documentation. Retired academic not eligible, Semi-retired may be ask SIT Typical uses within the University: A researcher visiting the University s libraries or museums to do research for a book they are writing; A researcher visiting the University to share information about a particular research technique they have been using overseas/ to receive information about a technique used at Oxford (but not conducting research on University projects); A researcher taking part in a formal exchange where an Oxford colleague goes overseas and a member of the overseas research team comes to Oxford; An eminent senior doctor coming to Oxford to teach and collaborate on research.

14 Permitted Paid Engagement Visitor Come in under the PPE Visitor route A route which enables certain groups of individuals to come to the UK to take part in specified paid activity. Permitted activity: Visiting lecturers invited to give one or a short series of paid lectures in their field of expertise; Visiting examiners or assessors who are highly qualified academics in their field of expertise to examine students or participate in or chair a selection panel as part of the institution s quality assurance processes. NB: Any activity under the PPE route must be paid

15 Permitted Paid Engagement Visitor Restrictions and requirements specific to PPE Visitors: Must be coming to work in their area of expertise and/or qualifications Must relate to their main occupation overseas Research prohibited Must be paid (no minimum payment specified by the Home Office) Can only visit UK for up to one month Typical uses within the University: Lecturers coming to teach in their field of expertise where they are not replacing the role of a member of staff; External examiners where they are paid a fee.

16 Visitor restrictions Business, Academic and PPE visitors must: Intend to leave the UK at the end of the visit Be able to maintain and accommodate themselves (and any dependants) without using public funds Be able to meet the cost of an onward or return journey Not intend to live in the UK for extended periods through frequent or successive visits Not intend to take paid or unpaid employment Not intend to produce goods or provide services within the UK Not intend to undertake a course of study as the main purpose of the visit (any incidental study must not exceed 30 days in total) Not be a child under the age of 18 Not intend to marry or form a civil partnership Not intend to give notice of a marriage or civil partnership Not intend to receive private medical treatment Not be in transit to a country outside the common travel area.

17 Application process Academic Visitor coming for 6+ months & all Visa nationals Agree visit Letter of invitation Visa application (made overseas) Arrival in the UK Non-visa nationals (except Academic Visitors coming for 6+ months) Agree visit Letter of invitation Leave to enter (made at airport in the UK) Arrival in the UK

18 Visa nationals/non-visa nationals Visa nationals: Apply in advance for a visa to enter the UK for any activity (tourist, Business Visitor, Academic Visitor, PPE Visitor, work etc.) List under appendix 2 at List of over 100 countries includes China, India, Pakistan, Turkey and Ukraine. Non visa nationals: Do not require a visa in advance of travelling to UK for a visa of less than six months Apply for entry under appropriate immigration category at the UK port of entry by presenting documentation confirming the purpose of the visit Applies to any nationals not on above Home Office list E.g. USA, Canada, Australia, New Zealand, Japan, Brazil etc.

19 Step 1: Agree visit Usually informal arrangement between academics Ensure that PI s and academics keep HR informed of any visitors and with the progress of arrangements Agree purpose of visit and establish whether a visitor route is appropriate, and if so which route not sure, contact SIT Agree dates of visit Agree payment of expenses or fee (if PPE), if applicable

20 Step 2: Letter of invitation Once visit agreed, provide letter of invitation to visitor Templates available on website Avoid too much detail Print on department/college headed paper Signature required Alert visitor to conditions of their visa (on second page of letter)

21 Step 3: Visa application Visitors who fall into the following categories will need to make a visa application in advance of travel: Visa nationals Academic visitors visiting for more than six months Visitors from non-visa national countries do not apply for a visa in advance (unless they are an Academic Visitor coming for more than six months) Non-visa nationals announce purpose of visit at UK airport, present necessary supporting documents and are stamped into the country under the appropriate visitor route

22 Visa application Visa nationals and Academic visitors over six months: Make visa application in advance. Cannot travel until visa granted. Online applications in most countries Need to enrol biometrics (fingerprints & photographs) at Visa Application Centre Apply around three months before arrival date Academic Visitors coming for more than six months issued with one month visa in passport & have to collect BRP and may have to register with the police after arrival; may have to take TB test before applying if coming from listed country Police registration list TB test guidance Academic and Business under Standard Visitor visa applications - PPE Visitor applications -

23 Entry application Non-visa nationals (except Academic Visitors over six months): Arrive at immigration control at the airport Announce purpose of visit as Business, Academic, PPE Visitor not tourist Present necessary evidence may face questions Receive ink stamp in passport

24 Required documents When applying for a visa in advance of travel/ applying for entry on arrival in UK, applicants may be asked to provide: Passport (current and potentially previous) Current photograph (applications in advance only) Evidence of marital status (if bringing spouse) Evidence of current employment Bank statements, payslips, other evidence of overseas income Details of accommodation in UK and return travel bookings Letter of invitation from Oxford Any information about activity to be undertaken Evidence of working at HEI/in field of expertise prior to application (Academic Visitors) i.e. letter from overseas employer Evidence that a paid engagement relates to expertise, qualification, occupation (PPE Visitors) qualification, letter from overseas employer, publication record etc.

25 Step 4: Arrival in UK Visitor to report to appropriate departmental/college HR/ admin person on first day before visit commences Remind Academic Visitors here for more than six months to collect BRP if they have not already & register with police if required to Copy, sign and date the passport details and visa/immigration stamp Retain for duration of visit along with a copy of the letter of invitation and any information confirming intended activity Applies to all Business, Academic and PPE Visitors except Business Visitors coming for one day or less

26 Handouts enclosed Immigration and Right to Work Roles and Responsibilities Visitors from overseas guide Business Visitor template letter to Entry Clearance Officer Academic Visitor template letter to Entry Clearance Officer Permitted Paid Engagement Visitor template letter to Entry Clearance Officer Visitor registration form General Visitor form of undertaking Overseas visitor communication leaflet

27 Summary Visitors from outside of the EEA must enter UK under appropriate visitor immigration category All will require a letter of invitation from host college/ department Keep in touch with PI s/ academics to ensure that they keep HR informed of any overseas visitors General/ tourist visa holders may only take part in typical tourist activities Visa nationals and Academic Visitors over six months require a visa in advance of travel Non-visa nationals apply for entry when they arrive at immigration control at UK airport Must check passport and visa before visit commences and copy & retain

28 Questions Staff Immigration Team